DA candidates fight for voter approval

By ANDY HOGUE, Register Staff Writer

In prosecuting criminals District Attorneys are expected to be aggressive. And D.A. candidates in a forum held earlier this week were just that as they challenged each one another’s credentials and record.

In a moderated forum Monday night to a full room of Republican voters at the Gainesville Area Chamber of Commerce building, Republican District Attorney candidates — challengers Chris Fostel and Janice Warder and incumbent Cindy Stormer — spoke at a forum sponsored by the Cooke County Republican Eagle Club.

A story on the candidates for Sheriff appeared in Wednesday’s Register, and a report on the District Judge candidates appeared Thursday.

District Attorney candidate Nancy Manning did not appear as she filed as an independent.

Selected to go first, Stormer said there has been a significant drop in crime in Cooke County due to a cooperative effort between her office and law enforcement agencies, leading to many more trials. Stormer also noted the efforts of federal agencies in assisting with law enforcement.

“There are less felons on bond today by far than there were when I first took office, and we managed to do all this with the same budget — virtually the same the same budget — and exactly the same staff,” she said. “We’ve tried more jury trials, indicted more felons, and had more disposition of cases in any other time in Cooke County history.”

Stormer attributed the disposal of about 200 felony cases per year to a highly trained staff including her assistant district attorneys.

Warder said she spent 12 years as an assistant district attorney and 14 years as a criminal court judge in Dallas. She said she was approached in November 2006 about the possibility of running for 235th District Attorney, and that it took her about a year to decide. She said she researched the activities of the district attorney’s office and did not like what she saw.

“And as I did I was appalled and embarrassed for my profession as I observed the disrespect being exhibited to law enforcement, the Commissioners Court, and the courts of this county by the district attorney’s office,” Warder said.

She said her qualifications would aid in building coalitions between law enforcement, probation workers and the District Attorney’s office.

Fostel said he is qualified as a practicing lawyer in Cooke County, having worked in the legal profession since licensing in 2001. He worked for the District Attorney’s office as an assistant D.A. from 2003-05.

“I’ve been in this office, I know how it works, and I know what it will take to get it back on track,” Fostel said.

He said he worked about a year into Stormer’s term and “I just could not any longer stay with that.”

He said in his private practice he works as a prosecutor for the cities of Lindsay and Oak Ridge, and is a former president of the Cooke County Bar Association.

He said “this race is not about resumes,” but about principles. He said he has a “tough, conservative stance on crime and punishment.”

Stormer was asked to comment on her accomplishments in office, followed by a time for Fostel and Warder to comment and name their goals if elected.

Stormer said the number of methamphetamine laboratories were “dramatically reduced” in Cooke County since she took office in 2005. She said at first the police could do two or three busts per day. Today there may could do one to two a month following the reduction.

She said Cooke County’s crime rate was similar to that of Dallas in 2004, and noted a sharp increase in reported crime from 2000-04.

The county has had a 25 percent drop in crime in 2005-06 “and it’s continuing to drop in 2007 even more,” Stormer said.

She noted 700 Ranch Round Up, the “rounding up” of suspects in Cooke County wanted on federal charges. She said 103 suspects were arrested, taken to the Gainesville Municipal Airport, and flown to penitentiaries in March 2006.

“We look forward to building on these gains that we’ve accomplished and we’ll continue to render quality service to the citizens of Cooke County,” she said.

In reaction to Warder’s prior charge of disrespect shown to law enforcement, Stormer said she doubts if Warder has observed her staff in action.

“Everyone in my office is extremely respectful of the court and of law enforcement. Extremely respectful,” Stormer said.

Warder replied to Stormer’s noting of the reduction in meth production.

“I can’t really believe that Mrs. Stormer has claimed credit for the reduction of the manufacture of methamphetamine,” she said.

Warder said in 2005 the law changed for psuedoephedrine sales in Texas making it more difficult for meth producers to obtain chemicals necessary to produce the drug. In Oklahoma the law changed a few years before, making Cooke County a haven for drug dealers and manufacturers from north of the border.

“That’s why we saw a terrible spike, here,” Warder said.

She added the Gainesville Police Department introduced a new accounting system following 2005 which caused an anomaly in crime statistics.

“Ask them (the police) if they’ve seen a 25 percent crime reduction,” she said. “I believe if there has been a ... reduction, they’d love to claim credit for it, as I believe they have a lot more to do with that than our district attorney’s office has .. I believe those of you in this room know there hasn’t been a 25 percent reduction in crime.”

Warder condemned letters to the editor to local newspapers from the District Attorney’s staff critical of the District Judge.

“I don’t think it’s right and I’d never allow it,” she said.

Fostel said it is the primary duty of the District Attorney’s office, not just to convict, but to see justice is served.

“Here we go again with the statistics from our D.A.’s office,” he said.

Not naming anyone involved with cases, Fostel cited a few examples of cases he said required time and special attention to handle correctly.

“What about the little child who was being molested by his own father, and he (the father) only got five years deferred adjudication?” Fostel said. “What about the murder that was dismissed by a person that that had already been sent down for one murder and needed to have it (the murder charge) stacked on top of him, and you (Stormer) said that the taxpayers didn’t want that. That’s what I’m talking about. That’s not justice!”

Fostel said if he were a police officer “ I’d find it appalling that the district attorney who sits behind bullet-proof glass had anything to do with the reduction in crime in Cooke County.”

In rebuttal to Warder’s statement, Stormer said a change in reporting crime statistics wouldn’t make that much of a difference.

Stormer said the police sent to the District Attorney’s office 490 felonies in 2005, 450 in 2006 and 401 in 2007.

“There’s another indication of serious crime dropping in Cooke County,” she said.

Stormer said she gives police officers first credit in the change in the crime rate.

In reference to Fostel’s statements, she said he misconstrued the nature of those cases.

Warder again noted her 12 years as an assistant D.A. and said she is endorsed by the Gainesville Police Association.

Fostel made reference to another case (again not naming names) where “cartel cocaine was coming through by the suitcase.” He said the suspect was “plead out” for 20 years.

Moderator Frank Rust, chairman of the Cooke County Republican Party, presented questions submitted by the club for the debate.

The first question was in regard to the candidates’ thoughts on attorney/client privilege.

Attorney-client privilege is a legal concept that protects communications between a client and his or her attorney and keeps those communications confidential. It’s intended to encourage open and honest communication between clients and attorneys, though not all courts honor that.

Fostel, Warder and Stormer agreed atttorney/client privilege is necessary though it seems as if the information held confidential would help convict suspected criminals.

“We’d all want it if we were accused of a crime,” Fostel said.

During her time to answer the question, Stormer identified one of Fostel’s references as a case regarding Patrice Murphy — who in 1998 was arrested for transporting 450 lbs. of cocaine and 50 lbs. of amphetamine, along with companion Tarita James, from Dallas to Chicago.

According to Register news archives, during Murphy’s first trial in August, 2000, Murphy was found guilty of possession of cocaine and sentenced to two 99-year life sentences. That verdict was later overturned by an appeals court. Murphy then pleaded guilty to two charges of drug possession and Judge Jerry Woodlock sentenced Murphy to two consecutive 20-year sentences.

Tarita James was also given two consecutive 20-year sentences for her role in the drug possession case. Murphy subsequently received a new trial.

A Cooke County jury found Murphy guilty of the offense of drug possession after only a couple of hours of deliberation On Sept. 21, 2006.

“With his allegation about 99 years and two people being convicted by Cooke County juries, that’s completely false,” Stormer said. “He (Fostel) said that there was a technicality. Yes, one person did get a case reversed on a technicality as he calls it, which was (tried by) the former prosecutor long before I was ever D.A., not allowing the jury to hear a full confession of the co-defendant, which was Patrice Murphy ...”

“Patrice Murphy walked around on bond for nine years before I tried her to a jury trial,” Stormer continued. “... So that’s a complete mischaracterization of the facts in that case.”

Responding to another charge, Stormer said the letters to editors submitted have been in direct response to attacks to her staff.

“I’m very proud of them, and I’m not going to allow them to be under attack by people who write anonymous letters to the editor,” she said.

The third question for the candidates asked whether the candidate believed education and rehabilitation would be a better alternative than to continue “the war on drugs” through increased arrests and stiff penalties.

Stormer said it would be her role as a prosecutor to prosecute drug crimes, applying the law as it is written.

“... It’s only by sending those people to the penitentiary to get them off of our streets that we’re going to accomplish the results that we need to accomplish ...” she said.

Warder said her experience with a drug court in the Dallas area remonstrated her belief that strict punishment of drug crimes is necessary.

“I saw the impact of felony drugs,” Warder said. “Let me tell you that they’re so devastating to our society that the legalization of drugs, even with all kinds of education programs, would be abominable.”

She noted how methamphetamine yellows and decays teeth. She speculated to how meth would also affect internal organs when abused.

“The thought that a child could pick that up if its readily available is ludicrous,” she said.

Fostel said he had “a little more conservative approach” than his opponents.

He said every drug case defendant asks for drug court, first. But he said newspaper headlines of convicted and sentenced drug pushers is the best deterrent. He called for continued, strict enforcement and punishment for drug crimes.

In closing, Stormer defended the plea agreement for Tarita James.

“In the Tarita James case ... she accepted full responsibility before plea agreement,” she said.

Stormer said she has handled 300 appeals, almost all of which are criminal felonies.

“I know the law. I’m not afraid to go to court on the difficult cases,” she said.

Warder called herself the “major league player” in the D.A. race.

She said as an assistant D.A. she tried cases involving a serial rapist, serial murderers and an arsonist. She said as a judge she presided over four death penalty cases.

Warder added her assumption that Stormer hasn’t tried any murder cases.

“Absolutely not the case,” Stormer said, though out of turn.

Fostel referenced Warder’s campaign in his closing remark.

“I’m the only one here that’s got the qualifications to do this job, that’s practiced law here in Cooke County for the past seven years,” he said. “Had Mrs. Warder not been unelected in Dallas County, she wouldn’t be here. She’d be on a bench in Dallas County.”

Reporter Andy Hogue may be contacted at andyhoguegdr@ntin.net

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